TERMS & CONDITIONS.
1.0 Estimates and payment terms
1.1 Any proposed fees are given as an estimate of the likely costs involved in carrying out the project. However, additional fees and outside costs may be incurred as a result of further briefing and all other factors that may affect fees.
1.2 Unless otherwise stated within the estimate, all authors’ amendments, i.e. changes to content, design and initial brief, will be charged as extras. This includes additions to initial brief as estimated.
1.3 All fees are subject to sight of final content, brief and price rulings at the time of completion of the project.
1.4 Fees and outside costs will be invoiced as incurred on a monthly basis. If a project is discontinued for whatever reason, Walby design Ltd. reserves the right to charge fees and outside costs payable in full for the work completed in which case fees will be calculated on an hourly basis in accordance with the hourly rates agreed at commencement of any project and/or set out in our Retained Services Agreement. If the Client does not progress a job for more than 90 days (i.e. does not respond to a visual design proposal or proof), Walby design Ltd. reserves the right to invoice for the work carried out and any expenses incurred.
1.5 Invoices must be paid within 30 days from date of invoice. Walby design Ltd. reserves the right to charge interest of 10% of total invoice per month on overdue accounts.
1.6 A deposit of 30% of total is requested on approval of contacted works.
1.7 Payments should be made from a UK bank account by direct bank transfer in GBP to the bank account details provided on the invoice. Other payment methods or payments in other currencies or from non-UK accounts must be agreed in advance and may incur an additional fee.
2.0 Proof reading
It is the Client’s responsibility to check proofs for errors in copy and content at all stages and to make sure that final proofs are correct before going to press, including attending production if necessary. Even if the text is supplied electronically (i.e. on disc or via email) it is still the Client’s responsibility to check all text on the proof for errors that may have occurred subsequently. Walby design Ltd. will check artwork and proofs for layout and reproduction standards only.
3.0 Print management
3.1 Print management, where relevant, covers supplying print quotations, contracting a printing company for the project, delivering artwork to the printer and liaising with the printer to the satisfactory completion and delivery of the project.
3.2 Walby design Ltd. cannot guarantee delivery dates from third parties. All goods and services from third parties are subject to their own terms and conditions, a copy of which can be supplied upon request.
3.3 It is the Client’s responsibility to check that the quantity of documents delivered meets the quantity ordered. Walby design Ltd. must be informed of any discrepancy by 5pm of the next working day following delivery.
3.4 Where a Client chooses to manage the printing of a project themselves, Walby design Ltd. cannot be held responsible for any problems during the process.
4.0 Web and Digital
4.1 Following completion of the development stage, it will be the Client’s responsibility to add/edit all content. Editor account details will be supplied to the Client on completion of a project to facilitate content addition, editing and testing.
4.2 Compatibility testing undertaken by Walby design Ltd. will be limited to the latest versions of software currently used by Walby design Ltd. on desktop and table only. It will be the responsibility of the Client to organise any additional user testing at the end of the development phase. Any bugs from services of Walby design should be reported via the supply of a single consolidated document, formatted as a numbered list. All bug-fixing work will be undertaken without additional charge, provided it falls within the post-completion support period.
4.2 All online projects including all websites and micro-sites designed and / or built by Walby design Ltd. are required to feature a link in the footer to the Walby design Ltd. website to maintain a point of contact.
5.0 Copyright
5.1 It is the Client’s responsibility to ensure that copyright is not infringed through the use of any materials they supply to Walby design Ltd.
5.2 Images purchased or commissioned by Walby design Ltd. for the Client are subject to the terms and conditions of the supplier, a copy of which can be supplied upon request.
5.3 Under the terms of the 1989 Copyright Act, the right of use to any work produced by Walby design Ltd. or subcontractors is only transferred after full payment of the invoice is received by Walby design Ltd. However, Walby design Ltd. reserves the right to use material we have designed or produced in our own publicity and for marketing purposes (i.e. our portfolio, whether in hard copy or electronic).
5.4 Tenders and bids are likely to contain design innovations and the intellectual property rights over these remain the property of Walby design Ltd. The design innovations proposed by Walby design Ltd. remain confidential and must not be revealed to other bidders.
6.0 Archiving work
After Delivery of product, Walby design Ltd will allow access to archived files incase of miss-placement of originals for the use of the client only, for a period of 12 weeks from acknowledgment of payment. Thereafter Walby design Ltd have the right to charge at our hourly rate for any subsequent copies.
6.1 Whilst Walby design Ltd. endeavours to archive all work electronically, for a period of 2 years from receipt of payment. We cannot guarantee that all files are retrievable for future use. Walby design Ltd cannot accept responsibility for lost or corrupt files. When older files are re-used, the time taken to convert them to current data formats will be charged at our hourly rate agreed by Walby design Ltd and the Client.
7.0 Variation
No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.
8.0 Choice of Law
Our Contractual Agreement and/or our Retained Services Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scots law. The parties irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
9.0 Right to amend terms and conditions
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Walby design Ltd reserves the right to change any rates of pay and any of the Terms and Conditions at any time and without prior notice. But we understand clarity of contact is essential so we do aim to advise out clients of any terms and conditions prior to 30 days of implementation of changes.
9.1 Walby design will up hold any exciting contracts of work, should an amendment of terms and conditions be implemented during a period of works, there after (Any new projects) are subject to the new terms and conditions.